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(영문) 서울중앙지방법원 2017.11.23 2017고단5656
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:40 on June 16, 2017, the Defendant, who is engaged in driving of Category C cargo vehicles, driven the above vehicle, and proceeded with the crosswalk 48 in Seocho-gu Seoul Metropolitan Government Pambro 48 and the front of “Seoul Pamlet 1” in front of the crosswalk 1, from a high-speed terminal shooting range to a private-speed terminal distance.

Since there is a crosswalk where a signal, etc. is installed, it was confirmed whether a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the new code, after checking whether there is a person who gets on a way by reducing speed and by properly examining the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and followed the victim D (the eight years of age) who was a victim of the crosswalk in accordance with the Marin pedestrian signals due to the negligence of proceeding with the stop signals as it is, however, the Defendant's negligence, and shocked the victim D (the eight years of age) to the right side of the Defendant.

As a result, the Defendant caused the victim to suffer injury, such as the injury of the victim, such as the injury of the victim’s inside and outside of the prescribed number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the actual survey report, traffic accident occurrence report, and diagnosis certificate;

1. Article 3 (1), Article 3 (2) 1, and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, the selection of imprisonment without prison labor, Article 268 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act - the scope of recommendations [the scope of recommendations] on the grounds of sentencing guidelines for general traffic accidents / [the scope of recommendations] the scope of punishment [the scope of punishment] shall be the victim's age (eight to three years), the victim's age (the victim's age (the victim's age is difficult to be confirmed as of the end of the end of the year), the victim's age (the victim's age) shall not be agreed in the case of bodily injury (the victim's special aggravated) / the case of serious illegality in the proviso of Article 3 (2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching Service, or in the case of bad driving (excluding subparagraph 1) or in the case of bad driving.

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